Racial Injustice Elijah McClain

In this Wednesday, March 3, 2021, file photograph, Sheneen McClain, the mother of Elijah McClain, a young man who died after a stop by police in Aurora, Colo., and has spurred investigations of police practices while galvanizing calls for police reforms, is shown in the office of her attorney, Qusair Mohamedbhai, in Denver. Colorado Attorney General Phil Weiser announced on Wednesday, Sept. 1, 2021, that three police officers and two paramedics have been indicted after a grand jury investigation into the young man’s arrest just over two years ago in Aurora.

A hearing is set Friday morning to address lingering disputes in the Elijah McClain case in what is likely to be one of the largest police-related settlements in Colorado's history.

Magistrate Judge Reid Neureiter has set a status hearing for 10:30 a.m. in the federal case filed against Aurora, several police officers and paramedics in the wake of McClain's death.

McClain, a 23-year-old Black man, died in 2019 several days after police forcefully detained him as he walked home from a convenience store and put him in a control hold. Paramedics called to the scene injected McClain with the sedative ketamine. The dose was too large for McClain to handle.

Officers had responded to a report of a person acting "sketchy," but McClain was not suspected of any crime.

Court records indicate Friday's hearing will address outstanding disputes between McClain's parents about the details of the settlement and allocation of the money.

Attorneys for Elijah McClain's mother, Sheneen McClain, filed a document Monday requesting the court make the decision about whether a settlement agreement indeed exists and its material terms. 

According to the document, confirmation that she and Elijah McClain's father, LaWayne Mosley, have agreed on the settlement is necessary before they dismiss their claims against the defendants.

The hearing comes amid media reports that the amount would likely be the largest police misconduct settlement in state history. Attorneys for McClain's parents could not be reached Thursday to confirm the amount. A copy of the settlement agreement filed in the case remained restricted from public view as of early Thursday evening.

McClain's parents reached a settlement in principle with the defendants on July 22, according to court records.

Attorney General Phil Weiser announced Sept. 1 a grand jury had returned a 32-count indictment against officers and paramedics at the scene when McClain was detained. On Wednesday, Weiser and Aurora announced they had reached a consent agreement for systemic changes to the city's police and fire departments to address what an investigation deemed patterns of violating residents' civil rights.

In a statement, attorneys for Sheneen McClain said she thanks the community for its support and commitment to police reform in the wake of her son's death.

"Ms. McClain raised Elijah as a single mother and his death has left an enormous void in her life. While nothing will fill that void, Ms. McClain is hopeful that badly needed reforms to the Aurora Police Department will spare other parents the same heartache."


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